Other forms of settlement

Third-country nationals are individuals who are neither EEA- nor Swiss citizens. If they intend to reside or settle in Austria for a period of more than six months they require a residence title (permission to stay for more than six months) corresponding to their residence purpose.

For stays of up to six months no residence title shall be granted. Instead, a visa must be applied for if necessary.

General requirements for granting a residence title

The following requirements must be met for any residence title to be granted:

Adequate means of subsistence: The third-country national must have a fixed and regular own income enabling him/her to meet his/her livelihood without resorting to welfare aid from local authorities. They must have a regular monthly income (e.g. Austrian or foreign pensions, profits from enterprises abroad, income from assets, savings or company shares) equaling of the standard rates of the General Social Insurance Act (ASVG) 2019: For Singles € 933.06, for married couples or partnerships € 1,398.97 and € 143.97 additionally for each child.

Health insurance coverage: The third-country national must have health insurance coverage, providing benefits in Austria and covering all risks.

Adequate accommodation according to local standards: The third-country national must provide evidence of a legal title to an accommodation (e.g. by presenting a lease contract) considered adequate for his/her family size according to local standards.

Providing evidence of German language skills ("German prior to immigration")

Third-country nationals have to provide evidence of German language skills at A1 level according to the Common European Framework of Reference for Languages, when first applying for a residence title “Settlement permit – gainful employment excluded”. Only basic German language skills at beginner level are required.

Evidence of German language skills may be provided by a generally acknowledged language diploma from one of the following institutions:

Austrian Language Diploma German

Goethe-Institut e.V.

Telc GmbH

Austrian Integration Fund (ÖIF)

The fulfillment of the requirements of Modules 1 or 2 of the Integration Agreement also rates as evidence of adequate German language skills.

PLEASE NOTE:

The language diploma must not be older than one year when being submitted.

Evidence of adequate German language skills does not need to be provided by

Persons who have not completed 14 years of age when applying

Persons who cannot reasonably be expected to provide such evidence on grounds of their physical or mental health condition; in such a case, the third-country national must provide a medical report issued by a doctor appointed by an Austrian consular representation.

Family members of holders of a „Red-White-Red – Card” for highly qualified persons, a „Blue Card EU“ or or a „settlement permit – researcher“

Family members of holders of a „long-term resident – EU”, if the holder has had a „Red-White-Red – Card”, a „Blue Card EU“ or a „settlement permit – researcher“

Persons, who declare in writing that they do not want to settle in Austria longer than 24 months within 3 years and also waive the possibility to apply for a further residence title after the first extension.

"settlement permit - artists"

A "Residence Permit - Artists" entitles the holder to pursue a self-employed or dependently employed activity, which consists mainly of artistic design.

Next to the general conditions for granting a residence permit, a dependently employed artist has to submit the application for a "settlement permit – artists" together with a written declaration by the employer to comply with the conditions of employment specified in the application.

In the case of self-employed artistic activity, a written contract for an activity lasting more than six months is required next to proof of fulfilling the general granting requirements.

A Declaration of Liability is permissible.

Other required documents

For employment: declaration of the employer according to the “Ausländerbeschäftigungsgesetz”

For self-employment: a contract

Proof of an artistic education or description of former artistic works

"settlement permit - researchers"

The "Residence permit – researcher" entitles the holder to work as a researcher.

In addition to proof of compliance with the general conditions of granting a residence permit, an admission agreement with a certified research facility or a research facility which does not require certification according to the Act on the Residence and Residence (NAG) (eg university) must be submitted.

PLEASE NOTE:

The residence title “Settlement Permit – researchers” shall be issued for the duration of two years. After two years of settlement in Austria a researcher can apply for a “Red-White-Red Card plus”. This residence permit shall be granted for three years, if the researcher was legally settled in Austria for the last two years without interruption. Applications for researchers and their family members can be filed in Austria after legal entry and during their legal stay. The “Settlement Permit – researchers” can be renewed once for one year for the purpose of job search or company foundation.

Other required documents

Hosting Agreement from the research institution

"settlement permit - special cases of dependent gainful occupation"

For certain special cases of dependent employment in Austria a “settlement permit – special cases of dependent gainful occupation” can be granted if the general requirements are fulfilled. This applies for example to workers at media, teachers at special institutes,)

they fulfill the general requirements for granting a residence permit,

a quota under the quota system is available (only a limited number of settlement permits can be granted each year).

they have a regular monthly income (e.g. Austrian or foreign pensions, profits from enterprises abroad, income from assets, savings or company shares) equaling twice the amount of the standard rates of the General Social Insurance Act (ASVG):

General Social Insurance Act - standard rates for the year 2019

Standard rate

Twice the rate

Single

€ 933.06

€ 1,866.12

Married couples or partnerships

€ 1,398.97

€ 2,797.94

Additionally for each child

€ 143.97

€ 287.94

"Long-term Resident - EU"

The residence title “long-term resident – EU” may be granted to third-country nationals, if they

have been entitled to reside in Austria during the last five years without interruption,

PLEASE NOTE:

The residence title “long-term resident – EU” allows long-term settlement and free access to the labour market. The document shall be issued for the duration of five years.Fees:
- Application:€ 120 for persons older than 6 years, for children up to 6 years: € 75
- Granting:€ 70 for persons older than 6 years, for children up to 6 years: € 100
- Costs of personalisation (Fingerprints, scan of photography and signature): € 20

Competent authority

Competent first instance authorities shall be the local Provincial Governor’s Office or the duly authorised district administration bodies (District or Municipal Administrative Authorities). Local competence is governed by the (intended) domicile of the third-country national concerned.

Any complaints against decisions by the competent first instance authorities shall be handled by the locally competent Provincial Administrative Court. The authority shall decide on applications without undue delay, but not later than within six months after receipt.

Filing an application

As a matter of principle, first applications for a residence title shall be filed with the competent Austrian consular representation (embassy or specific consulates) abroad. Local competence of the consular representation depends on the applicant’s domicile.

The consular representation abroad shall examine the application for completeness and correctness and then forward it to the competent authorities in Austria.

Certain groups of persons may also file first applications in Austria, for example:

Third country nationals entitled to enter Austria without a visa, during their permitted stay without a visa

Third country nationals within six months after loss of their Austrian, Swiss or EEA citizenship

Third country nationals within six months after the end of their lawful settlement in Austria, if they were previously not required to hold a residence permit according to the provisions of the Settlement and Residence Act,

Third country nationals applying for a “settlement permit – researcher” and their family members after lawful entry and during lawful residence

Third Country nationals applying for a permission for students or volunteers after lawful entry and during lawful residence

Certain Third country nationals applying for a „settlement permit – special cases of dependent gainful occupation“ after lawful entry and during lawful residence and

Persons, who hold a permission "ICT" or "Researcher" from another member state

Third country nationals, who have an Austrian „Maturazeugnis“ after lawful entry and during lawful residence

PLEASE NOTE:

An application filed in Austria shall generally not grant a right of residence to the applicant beyond the time he/she is allowed to stay with or without a visa. When the time allowed to stay with or without a visa has expired he/she is required to depart and must await proceedings abroad.

Generally scope of residence titles and validity

The residence title allows time-limited settlement without access to the labour market and shall be generally issued for the duration of one year.

The residence title shall be issued for a duration of three years if

the third-country national has completed Module 1 of the Integration Agreement and

has lawfully resided in Austria without interruption during the previous two years.

After five years of lawful residence without interruption, a residence title “Long-term Residence – EU” may be applied for

Generally required documents

For any residence permit to be granted the following documents have to be submitted:

Valid travel document (This requirement is waived in the case of a first application of a child within six months after birth, if the child does not yet have a valid travel document)

Birth certificate or similar document (only with first applications)

Current photo of applicant

If applicable

Marriage certificate

Divorce certificate

Certificate of registered partnership

Certificate of dissolution of registered partnership

Adoption papers

Evidence or certificate concerning the family relationship

Death certificate

Evidence of a legal title to an accommodation according to local standards, including lease or sublease contracts, preliminary property contracts or ownership evidence (except persons, who apply for a Settlement Permit - researches, however the cocts for accommodation have to be proved in order to calculate the means of secure subsistence)

Evidence of health insurance protection covering all risks and providing benefits in Austria, including submission of the corresponding insurance policy, unless compulsory insurance coverage exists or will exist

Evidence of means of secure subsistence (pay slip, pay certificate, employment contracts, certificates of state pension, pension insurance or other insurance benefits, evidence of adequate amounts of invested capital or owned assets)Please note: Evidence of social benefits which are only due when the residence title is granted, including welfare aid and differential allowance, are not permissible.

Evidence of German language skills

Further information and useful links

Fees for limited permissions

Application: € 120 for persons older than 6 years; for children up to 6 years: € 75

Granting: € 20 for persons older than 6 years; for children up to 6 years: € 50